United India Insurance Company ... vs Nepal Singh
2022 Latest Caselaw 12618 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1009/2022

United India Insurance Company Limited, Through Its Legally Constituted Authority, T.p. Hub, 74 A, Bhati-N-Plaza, Pal Road, Jodhpur.

----Appellant Versus

1. Nepal Singh S/o Dalpat Singh Rajput, R/o Village Indaura, Tehsil Aaspur, Distt. Udaipur. ..claimant

2. Mahipal Singh S/o Kishore Singh Rajput, R/o Village Pardaskani, Tehsil Aaspur, Distt. Udaipur. (Owner Cum Driver)

----Respondents

For Appellant(s) : Mr. Jagdish Vyas For Respondent(s) : Mr. G.S. Rathore

HON'BLE MR. JUSTICE FARJAND ALI

Order

20/10/2022

Heard.

Admit.

Mr. G.S. Rathore has put in his appearance on behalf of

claimant-respondent No.1. His name shall henceforth be shown in

the cause list. Issue notice to respondent No.2 only.

Heard on stay application.

In this appeal, only question of quantum of compensation is

involved, therefore, there is no need to hear the (owner cum

driver) on the stay petition.

By way of filing the instant appeal, the appellant insurer has

challenged the legality and correctness of the impugned award

dated 01.04.2022 passed by the learned Tribunal.

(2 of 2) [CMA-1009/2022]

This Court deems it just and appropriate that if the appellant

deposits 70% of the compensation as awarded by the learned

Tribunal vide order dated 01.04.2022 passed by Motor Accident

Claims Tribunal, Dungarpur in M.A.C.T. C.I.S. No.340/2018, along

with interest within a period of two months from today, the

execution and recovery of the rest amount shall be stayed.

It is made clear that manner and proportion of the

disbursement shall remain same, as mentioned in the impugned

judgment by the learned Tribunal and any amount deposited

previously by the appellant, shall be adjusted towards the same

amount.

The stay application is disposed of.

Record be sent back to the learned Tribunal with the

stipulation that after disbursement proceedings, the record be

send back to this Court.

(FARJAND ALI),J 12-amit/-

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